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Appellate
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September 25, 2024
EPA Can't Justify Calif. Emissions Ruling, High Court Told
Republican-led states told the U.S. Supreme Court the U.S. Environmental Protection Agency can't justify a D.C. Circuit decision backing its authorization of a Clean Air Act waiver allowing California to set its own greenhouse gas emissions standards for certain vehicles and run a zero-emissions vehicle program.
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September 25, 2024
Indianapolis Airport Gets Bathroom Door Hinge Suit Tossed
An Indiana state appeals panel threw out a suit Wednesday against the Indianapolis Airport Authority over a flyer who was injured at the airport, saying there was no evidence that the airport had constructive knowledge that the hinge on a restroom door that hit the woman was damaged.
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September 25, 2024
Slovenian Plane Parts Maker Escapes Fla. Fatal Crash Suit
A Florida appeals court on Wednesday threw out a wrongful death suit against a Slovenian aircraft parts manufacturer, saying an uncontroverted affidavit from the company showing it has no connections to the Sunshine State warrants dismissal for lack of jurisdiction.
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September 25, 2024
E-Bike Maker Argues In Del. Supreme Court To Salvage Sale
An attorney for a private equity affiliate that beat a Barcelona-based electric scooter rental chain's attempt to force a closing on the scooter company's $100 million sale in Chancery Court told Delaware's Supreme Court Wednesday that the seller's current appeal ignores its own fatal contract breaches.
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September 25, 2024
Read Tells Mass. Justices Verdict Slip Not Needed To Acquit
Lawyers for Karen Read, the Massachusetts woman whose high-profile murder case garnered national attention before it ended in a mistrial, told the state's highest court that a retrial is barred by double jeopardy because some jurors revealed afterward that the panel had agreed to acquit — even if no formal verdict was announced.
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September 25, 2024
7th Circ. Doubts London Depo Should Trigger New Fraud Trial
Seventh Circuit judges appeared skeptical Wednesday of a former investment manager's bid for a new trial after he was convicted of bilking investors of roughly $10 million because he could not physically confront a key witness who testified via deposition in London, saying he failed to adequately object to the circumstance.
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September 25, 2024
Workplace Protections Bill For Judiciary Reintroduced
Lawmakers from both parties and chambers announced on Wednesday they've reintroduced a bill to increase workplace protections for federal judiciary employees.
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September 25, 2024
Cannabis Co., Investor Must Take Contract Suit Back To Court
A Washington appeals panel has reversed a summary judgment in favor of an investor who alleged that a cannabis grower and seller breached an agreement to buy out his stock following a dispute, saying that while the contract is enforceable, there remain questions about whether that contract was breached.
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September 25, 2024
Mass. Gov. Nominates New Chief Justice At Appeals Court
Massachusetts Appeals Court Justice Amy Lyn Blake has been nominated to take over as chief justice of the court, Gov. Maura Healey's office announced Wednesday.
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September 25, 2024
Helene Forcing Shutdown Of Almost Every Courthouse In Fla.
The vast majority of courthouses in Florida will be closed on Thursday in preparation for the arrival of Hurricane Helene, in the largest shutdown since Hurricane Irma in 2017.
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September 25, 2024
NJ High Court To Review Judicial Privacy Law In Media Case
The New Jersey Supreme Court will consider whether a municipality overstepped by using the judicial privacy measure Daniel's Law to stop a journalist from publishing an article about the city's police director's address, according to a recently filed order.
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September 25, 2024
Mich. Justices Take Up Prosecutor's Outside Counsel Hires
The Michigan Supreme Court said Wednesday it will hear arguments in a dispute over the Macomb County prosecuting attorney's power to retain outside law firms for general legal advice.
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September 25, 2024
2nd Circ. Eyes New Trial In Yale Retirement Fee Fight
The Second Circuit appeared inclined Wednesday to revive a class action against Yale University from employees alleging their $5.5 billion retirement plan was mismanaged, as all three judges on the panel pointed out possible issues with jury instructions before a post-trial verdict in Yale's favor in 2023.
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September 25, 2024
10th Circ. Revives Amazon Worker's Overtime Suit
The Tenth Circuit on Wednesday flipped a district court decision tossing an overtime suit against Amazon, saying that the Colorado Supreme Court's ruling that holiday pay must be part of overtime calculations solves a worker's appeal.
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September 25, 2024
Ex-NY Congressman Argues He Can Be A Fair Federal Judge
President Joe Biden's nominee for the Northern District of New York told lawmakers on Wednesday that his previous stint as a member of the U.S. House of Representatives won't impact his role as an objective federal judge.
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September 25, 2024
Full Fed. Circ. To Tackle Patent Damages In $20M Google Case
The full Federal Circuit said Wednesday it will review a panel's holding that Google must pay EcoFactor $20 million for infringing a smart thermostat patent, after the tech giant said the court has allowed patent owners to "manufacture a royalty rate."
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September 24, 2024
Full 9th Circ. Vaporizes First-To-File Precedent For FCA Suits
The full Ninth Circuit on Tuesday overruled circuit precedent and held that the so-called first-to-file rule governing False Claims Act cases is not jurisdictional, meaning that courts can't toss a whistleblower action on jurisdictional grounds rooted in the first-to-file provision.
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September 24, 2024
11th Circ. Weighs 'Good Cause' In Franchise Termination Suit
The Eleventh Circuit on Tuesday considered whether Hyundai Motor Corp. acted with "good cause" when it terminated a franchise owner's dealership contracts over sexual assault charges against the franchise owner's son, with arguments largely focused on whether the carmaker acted with "good cause."
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September 24, 2024
Cat In The Hat, 'Trashy' Books Mulled In Redo Of Library Row
The full Fifth Circuit on Tuesday pressed a group of library patrons on whether Texas libraries already routinely engage in viewpoint discrimination through the process of weeding out outdated or unpopular library books during a lengthy discussion of hypotheticals surrounding The Cat in the Hat and the books that 19th-century Americans considered "trashy."
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September 24, 2024
Cathode Ray Class Attys Fight Over Fees At 9th Circ.
Plaintiffs firm Cooper & Kirkham urged the Ninth Circuit Tuesday to reverse a ruling slashing its $3.452 million fee award in since-settled cathode ray tube price-fixing multidistrict litigation, arguing the firm was being unfairly punished for representing a subclass, while lead class counsel slammed the firm's tactics as "extreme mischief."
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September 24, 2024
Red States Back Florida In CWA Permit Program Fight
Nineteen red states have told the D.C. Circuit in a friends of the court brief that it should restore Florida's power to administer a Clean Water Act permitting program for dredging approved by the U.S. Environmental Protection Agency but nixed by a D.C. federal judge.
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September 24, 2024
Neurosurgeon Deems Judge Newman's Brain 'Entirely Normal'
A third doctor has found that suspended U.S. Circuit Judge Pauline Newman, 97, is not cognitively impaired and that there's no reason to keep her off the bench, according to a report released by her attorneys Tuesday.
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September 24, 2024
Eighth Circ. Poised To Weigh FCC's Anti-Redlining Rule
The Federal Communications Commission is headed to court in St. Louis this week to defend new rules aimed at preventing discrimination in broadband deployment as industry groups opposing the rules fret that enforcement could begin any time.
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September 24, 2024
Texas Fair Gun Ban Stands, State Appeals Court Says
A Texas appeals court has rejected Texas Attorney General Ken Paxton's bid for emergency relief prohibiting the State Fair of Texas from enforcing its new policy banning firearms on fairgrounds, handing the state a loss in a Tuesday order and keeping the ban in place ahead of the fair's opening Friday.
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September 24, 2024
Wash. Justices Dubious Of Moonlighting Ban Loophole
Washington state Supreme Court justices expressed doubt Tuesday that the state's moonlighting protections included an exception allowing companies to ban employees from other businesses in the same industry, saying that would contradict the noncompete statute's aim of supporting mobility for low-wage earners.
Expert Analysis
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Navigating The Murky Waters Of Patent Infringement Damages
Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.
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Series
After Chevron: Delegation Of Authority And Tax Regulators
The U.S. Department of the Treasury and the Internal Revenue Service will face higher standards following Loper Bright’s finding that courts should determine whether agency rules meet the best possible interpretation of the tax code, as well as the scope of the authority delegated by Congress, says Edward Froelich at McDermott.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Series
After Chevron: What Loper Bright Portends For The NLRB
While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.
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Series
After Chevron: NRC Is Shielded From Loper Bright's Effects
While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.
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3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy
The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.
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How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
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The Fed. Circ. In June: More Liability For Generic-Drug Makers
The Federal Circuit’s June ruling in Amarin v. Hikma will likely result in more allegations of induced infringement by generic drugs postapproval, with more of those cases proceeding to at least the summary judgment stage instead of being cut off at the outset, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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7th Circ. Ruling Expands CFPB Power In Post-Chevron Era
The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.
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Series
After Chevron: ERISA Challenges To Watch
The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.
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Menendez Corruption Ruling Highlights Attorney Proffer Risks
The recent admission of slides used in a preindictment presentation as evidence during U.S. Sen. Bob Menendez’s corruption trial highlights the potential pitfalls of using visual aids in attorney proffers, and the increasing importance of making disclaimers regarding information presented at the outset of proffers, say Carrie Cohen and Savanna Leak at MoFo.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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Analyzing Advance Notice Bylaws On 'Clear' Or 'Cloudy' Days
In Kellner v. AIM ImmunoTech, the Delaware Supreme Court recently clarified the framework for judicial review of advance notice bylaws adopted, amended or enforced on "clear" or "cloudy" days, underscoring the responsibility of boards to ensure that their scope does not overreach or prevent the possibility of a contested election, say attorneys at Venable.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.